Legal Question in Criminal Law in California
Myself and my sister were emailed a 14 day stay away from our children's school. An attorney has now emailed us a hearing date but won't answer any questions regarding the hearing. We don't even know what it is, haven't been given rights about the hearing and it was scheduled last minute. Should we attend the hearing even we don't get answers to our question?
1 Answer from Attorneys
You and your sister need to consult with an attorney regarding this matter. Restraining orders are generally obtained by the protected party filing a request for a temporary order with the court. depending upon the circumstances you may not be given notice as to the date the request is being submitted to the court. The request for a temporary order is submitted on declarations. The restrained party if given notice must file a response with 24 hours of it being given notice that a temporary order is being requested. A hearing before the judge will be set shortly after the temporary order is signed and served upon the restrained party. It is important that you attend the hearing and that you understand what will occur at the hearing. An attorney can explain this to you.
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